Night Courts Act

CHAPTER 310

OF THE

REVISED STATUTES, 1989

amended 1994-95, c. 7, ss. 79-80, 150

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An Act Respecting the Holding of
Magisterial Courts at Night

Short title

1 This Act may be cited as the Night Courts Act. R.S., c. 310, s. 1.

INTERPRETATION

Interpretation

2 In this Act,

(a) "Attorney General" means the Attorney General of Nova
Scotia;

(b) "district" means an area of the Province designated by the
Attorney General pursuant to Section 3;

(c) "judge" means a judge of the provincial court or a justice of
the peace;

(d) repealed 1994-95, c. 7, s. 79.

(e) "night court" means a court held by a judge between the
hours of five oclock and eleven oclock in the afternoon. R.S.,
c. 310, s. 2; 1994-95, c. 7, s. 79.

NIGHT COURT SYSTEM

Districts

3 (1) The Attorney General may by order divide the Province into
two or more territorial units and designate any unit as a district for the
purpose of this Act.

Direction to hold night court

(2) The Attorney General may by order direct a judge to hold a night
court in a district at a place within the district and at the time determined
by the Attorney General. R.S., c. 310, s. 3.

PROCEEDINGS

Docket

4 (1) Where a judge has been directed to hold a night court
pursuant to subsection (2) of Section 3, he shall place or cause to be
placed on the docket for the night court any criminal or penal matter or
civil matter within his jurisdiction

(a) in which one of the parties has indicated a preference for
proceeding with the matter at night court; and

(b) which the judge considers can be conveniently proceeded
with at night court.

Effect on proceeding

(2) Nothing in subsection (1) shall prevent a judge from proceeding in
or with a criminal or penal matter or civil matter in any manner
authorized by law including proceeding with the matter other than at
night court. R.S., c. 310, s. 4.

ASSISTANCE

Personnel

5 (1) Any person whose duties require him to assist a judge shall
perform the duties at night court as directed by the judge.

(2) repealed 1994-95, c. 7, s. 79.

R.S., c. 310, s. 5; 1994-95, c. 7, s. 79.

REMUNERATION

Remuneration

6 (1) The Attorney General may provide for the remuneration of
a judge who holds night court and any person required to assist him and
may

(a) make a payment to the judge or person.

(b) repealed 1994-95, c. 7, s. 80.

Scales of remuneration

(2) The Attorney General may prescribe scales for the remuneration
of judges or any class of judges for attendance at night court.

Administration expenses

(3) The cost and expenses incurred by the Attorney General in the
administration of this Act may be paid from the Consolidated Fund.

(4) repealed 1994-95, c. 7, s. 80.

R.S., c. 310, s. 6; 1994-95, c. 7, s. 80.

EFFECT OF ACT

Existing jurisdiction unaffected

7 Nothing in this Act affects the jurisdiction, power or authority of
a judge under an enactment or an Act of the Parliament of Canada. R.S.,
c. 310, s. 7.